40.— (1) If a person refuses or fails—

(a) to produce a document to the Head of Financial Regulation in accordance with an evidentiary notice,

(b) to provide information to the Head of Financial Regulation,

(c) to attend before the Head of Financial Regulation in accordance with an evidentiary notice, or

(d) to answer a question put to him or her by the Head of Financial Regulation,

the Head of Financial Regulation may certify the refusal or failure to the Court.

(2) The Court may, after hearing any witnesses who may be produced against or on behalf of the person alleged to have so refused or failed and any statement which may be offered in defence, make any order or give any direction it thinks fit.

(3) Without prejudice to the generality of subsection (2), the Court may—

(a) order the person concerned to attend or re-attend before the Head of Financial Regulation, or to produce a particular document, provide particular information or answer a particular question put to him or her by the Head of Financial Regulation, or

(b) order that the person concerned need not produce a particular document, provide particular information or answer a particular question put to him or her by the Head of Financial Regulation.

F42[(4) Where the person concerned claims to be entitled to refuse to produce a document, to provide information, or to answer a question, on the grounds of legal professional privilege, the Court may, without prejudice to the generality of subsection (2), give directions as to the appointment of a person with suitable legal qualifications, possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the Court considers to be appropriate for the purpose of—

(a) examining the material for which the person claims legal professional privilege, and

(b) preparing a report for the Court with a view to assisting or facilitating the Court in deciding what action to take under this section.]